SC to Set Up Fresh 5-judge Bench to Hear Pleas Challenging Polygamy and ‘Nikah Halala’ Among Muslims

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Last Updated: January 20, 2023, 12:26 IST

Upadhyay, in his PIL, has sought a direction to declare polygamy and 'nikah halala' unconstitutional and illegal. (Reuters/File)

Upadhyay, in his PIL, has sought a path to declare polygamy and ‘nikah halala’ unconstitutional and unlawful. (Reuters/File)

The apex courtroom had in July 2018 thought-about the plea and referred the matter to a Constitution bench already tasked with listening to a batch of comparable petitions.

The Supreme Court on Friday stated that it’s going to arrange a five-judge Constitution bench to hear pleas difficult the constitutional validity of polygamy and ‘nikah halala’ apply amongst Muslims.

A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha took word of the submissions of lawyer Ashwini Upadhyay, who has filed one of many PILs on the problem, {that a} contemporary five-judge bench was wanted to be constituted as two judges of the earlier structure bench — Justice Indira Banerjee and Justice Hemant Gupta — have retired.

“There are very important matters which are pending before a five-judge bench. We will constitute one and bear this matter in mind,” the CJI stated. The matter was earlier talked about on November 2, final yr additionally by Upadhyay.

On August 30, final yr, a five-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, M M Sundresh and Sudhanshu Dhulia had made the National Human Rights Commission (NHRC), National Commission for Women (NCW) and the National Commission for Minorities (NCM) events to the PILs and sought their responses.

Later, Justice Banerjee and Justice Gupta retired on September 23 and October 16 this yr respectively giving rise to the necessity for re-constitution of the bench to hear as many as eight petitions in opposition to the practices of polygamy and ‘nikah halala’.

Upadhyay, in his PIL, has sought a path to declare polygamy and ‘nikah halala’ unconstitutional and unlawful.

While polygamy permits a Muslim man to have 4 wives, ‘nikah halala’ offers with the method through which a Muslim lady, who needs to re-marry her husband after divorce, has to first marry one other particular person and break up from him after the consummation.

The apex courtroom had in July 2018 thought-about the plea and referred the matter to a Constitution bench already tasked with listening to a batch of comparable petitions.

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(This story has not been edited by News18 workers and is printed from a syndicated information company feed)

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